Fatwa ID: 03075

Answered by:   Maulana Mohammad Ahsan Osmani​

Question:

Assalamu Alaikum Wa Rahmatullah

Many a time the word كره is mentioned but then Allama Shaami (or others) clarify that this can't be tahreemi it will be tanzeehi. What is the difference?

Answer:

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, the Most Merciful.

Assalamualaikum Wa Rahmatullahi Wa Barakaatuh

Allamah Shami writes in his great commentary Raddul Muhtar:

“Sometimes the term makrooh is used for that which is haram (prohibited) like the statement of Qudoori in his Mukhtsar (a book written by him),

        And whosoever prays the Zuhr prayer in his home on the day of Friday, before the prayer of the Imam (i.e. before the Imam prays Salatul Jumuah), despite him not having a valid excuse, then it would be disliked for him to do that.’

 And the term makrooh is also used for makrooh tahreemi; and makrooh tahreemi is that which is closer to haram. And Imam Muhammad refers to this type as haram zanni. And the term makrooh is also used for makrooh tanzeehi;

And makrooh tanzeehi is that which omitting it is more preferable than doing it. Makrooh tanzeehi is synonymous to the word khilaful awla, just as we have mentioned earlier.”

        (Raddul Muhtar: v. 1, p. 257-258 [Maktaba Imdadia])

        Allamah Shami also states:

        “He (Ibn Nujaym) says in Bahr (Raiq), ‘ Know, that when the word makrooh is mentioned generally in their (the jurists’) speech, then the intended meaning of it is tahreem (prohibition), except if it is explicitly mentioned that it is makrooh tanzeehi.’”

(Raddul Muhtar: v. 1, p. 385 [Maktaba Imdadia])

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham